Fieldfisher Medical Negligence Team Secure £40 million in Combined Damages

28 May 2015

Fieldfisher is proud to announce that over £40 million in combined damages has been recovered for five children left brain damaged as a result of obstetric, midwifery or neonatal negligence from five different hospitals stretching from London to Walsall. The recoveries were made within a four week period resulting in substantial individual awards.

Partner, Samantha Critchley will go to the High Court in June to obtain approval of an agreed settlement against Imperial College Healthcare NHS Trust in respect of their admitted failure to diagnose placental abruption. This failure meant that the baby was starved of oxygen resulting in severe cerebral palsy. The settlement will include a lump sum of £3 million and substantial annual payments. Combined the award has a value of around £9.65 million.

Walsall Hospitals NHS Trust has also agreed a seven figure settlement for a young boy left with permanent brain damage following a failure to treat low blood sugars at birth. The £13 million award secured by Senior Associate Caron Heyes will consist of a lump sum payment of £1,450,000 with annual payments.

Partner, Mark Bowman secured a substantial claim against Heatherwood and Wexham Park Hospitals NHS Foundation Trust. The settlement is subject to Court approval at the end of June but amounts to approximately £9.6 million including a lump sum payment of £2.5 million and varying annual payments accounting for the client's differing care needs as she ages and as her physical health deteriorates; she is expected to live until age 65. The settlement came after a 7 year battle and just 4 weeks prior to a 10 day trial on issues of both liability and quantum.

In two other cases Partner Paul McNeil obtained a settlement on liability against Guy's and St Thomas's Hospital arising out of a birth in 2009 where a senior consultant failed to recognise abnormalities on a fetal heart monitor. In a second case against the Princess Alexandra Hospital in Harlow Mrs Justice Lang approved a settlement for a five-year-old boy arising from the failure of a midwife to correctly interpret and report to an obstetrician abnormalities on the CTG. In both cases the boys were very severely injured as a result of the mistakes and delays.

These substantial awards are life changing for our client's and their families. The lump sums can be used to purchase fully adapted and accessible homes and will provide for ongoing therapies, medical treatment, educational support and lost earnings. In addition the annual payments will pay for ongoing care and case management for the rest of these children's lives.

Midwifery, obstetric and neonatal negligence cases can be extremely challenging due to the factual, medical and legal complications involved. The Fieldfisher clinical negligence team work hard to avoid the stressful and emotional experience that the parents, their child and the rest of the family go through during the claims process. They understand that the most important feature of any case is to ensure that the injured child is given the best chance to develop. With the cut backs in NHS and Social Services spending, often the only way of achieving this is through compensation.

Paul McNeil, Head of Personal Injury and Medical Negligence went on to say:

"These awards will not alter the neurological damage that has been caused to our clients and their families as a result of these medical mistakes. But with our experience, compassion and drive compensation can be won to provide the best possible care, therapies and medical support. These significant awards will alleviate some of the pressures and help support injured individuals and their needs for the remainder of their lives."

Based in London, Fieldfisher is one of the UK's leading personal injury and medicalnegligence law firms. Over the past 25 years we have helped thousands of people recover compensation for their injuries and illnesses. We offer free legal advice and take compensation claims on a "no win no fee" basis.